HB4903ham001 95TH GENERAL ASSEMBLY

Higher Education Committee

Filed: 3/12/2008

09500HB4903ham001 LRB095 18084 NHT 48222 a

AMENDMENT TO HOUSE BILL 4903

AMENDMENT NO. ______. Amend House Bill 4903 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Transparency in College Textbook Publishing Practices Act.

Section 5. Definitions. In this Act:

"Alternative formats" means other versions of a specific textbook, including paperbacks.

"Bundled textbook" means a textbook that is packaged with additional materials, including, but not necessarily limited to, a supplemental workbook CD-ROM, or online resource password.

"Institution" means an institution of higher learning in this State.

"Supplemental items" means supplemental items, not including the textbook, that are developed by a third party and that, by third-party contractual agreement, may not be offered by a publisher separately from the textbook with which the items are combined.

"Textbook" means a book that is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the individual use of each student in that class or group.

"Unbundled textbook" means a textbook that is offered for sale without any additional materials.

Section 10. Disclosure of information. When contacting or being contacted by prospective clients, each publisher of college textbooks shall disclose, in whatever form the publisher is selling, all of the following to the faculty member or, if applicable, the other entity in charge of selecting textbooks for courses taught at an institution:

(1) The price at which the publisher would make the textbook or supplemental materials available to the bookstore on the campus of or otherwise associated with the institution.

(2) The revision history for the textbook or supplemental materials, including copyright dates and substantial changes from past editions for the previous 10 years, if any.

(3) The existence and price of alternative formats of the textbook or supplemental materials.

Section 15. Bundled textbooks. Publishers of college textbooks are required to offer all bundled textbooks for sale as individual unbundled textbooks and supplemental items. Supplemental items in integrated textbooks are exempt. Nothing in this Section shall be construed to require the bookstore on the campus of or otherwise associated with an institution to double stock or purchase textbooks and supplemental items as both bundled and unbundled items.

Section 20. Institutional autonomy and academic freedom. Nothing in this Act shall be construed to supersede institutional autonomy or the academic freedom of persons involved in the selection of textbooks and supplemental materials.

Section 80. Enforcement. The Attorney General, a State's Attorney, or any affected resident of this State may bring a civil action to enforce this Act.".